20040845 Ver 1_Approval Letter_20040707

b//14/Ybd4 by:Ub 919-515-6307
EHSC PAGE 02
Michael F. Easley, Governor
William G. Ross Jr., Secretary
North Carolina Depar"antof Environment and Natural Resources
Alan W. Klimek, P. E. Director
Goleen H. Sullins, 06puty Director
dlvtsion of Water Quality
July 7, 2004
DWQ Project # 04-0845
ware county
Page I of 4
North Carolina State University
Attn: George Worsley, Vice Chancellor of Business & Finance
B Holladay Hall, Box 7201
Raleigh, NC 27606 0 D
7- 2
Subject Property: Paul Derr Track, Stadium & Field Improvements &
Rocky. Branch Stream Restoration,. Phase II
North Carolina Mate University, Raleigh, NC
Rocky Branch j03-04-02, 27-34-6,'C NSW]
Approval of 401 Water Quality Certification grid Authorization Certificate per the Neuse
River Buffer Protection Rules (15A NCAC 213.0233) W th Additional Conditions
Dear Mr. Worsley:
You have our approval,'ia accordance with the attached conditions and those listed below, to
impact 1,550 'feet of perennial stream and 75,288 square feet (fe) of protected riparian buffers
for the purpose of restoring Rocky Branch, conducting site improvements at the Paul. Derr Track
and constructing a greenway trail as described within your application dated April 30, 2004 and
received by the N.C. Division of Water Quality (DWQ) on May 24, 2004 including additional
information and plants received on June 17; 2004. After reviewing your application, we have
decided that the impacts are covered by General Water Quality Certification Number(s) 3399
(0C- 3399). The Certification(s) allows you to use Nationwide Permit(s) 13 and/or 27. when
issued by the US Army Corps of Engineers (USACE). This letter sh4 also act as your approved .
Authorization Certificate for impacts to the protected r ipadan buffers per 15A I<CAC 23 .0233.
In addition, you should obtain or otherwise comply with any other required federal,,state or local
pennits before you go ahead with your project hicluding (but- not limited to) Erosion and
_Sediment Coutwl..andhtou-dilschargeregulations. -Also, tbi &apPxovaY,tD itrQcged with,your-- _? .
proposed impacts or to conduct impacts to waters as depicted in, your application shall
expire upon expiration of the 404. Permit.
This approval is for the purpose and design that you described in your application. If you change
your project, you must notify us and you may be required to send us a new application. If the
property is sold, the new owner must be given a copy of this Certifitcation and approval letter and
is thereby responsible for complying with all conditions. This approval requires youi to follow
the conditions listed in the attached certification and azny additional conditions listed below.
N. c. Division of water Quality, 401 wetlands Certification Unit,
1650 Mail Service Center, Raleigh. NO 27699.1650 (Mailing Address)
2321 Crabtree Blvd.; Raleigh, NO 27604.2260 (Looatlon)
[phone] (phone), 999:733-6893 &4, (h.VP!M2a.enr.state.nc.us/ncwetlands)

U I! 14! LOV4 C73: CJb yly-515-bib / EHSC PAGE 03
NCSU Rocky Branch 8t Paul Derr Track 1 DWQ Project No. 040845
gage 2 of 4
July 7, 2004
The Additional Conditions of the Certification are:
1. Impacts Approved -The following impacts are hereby approved as long as all of the other
specific and general conditions of this Certification (or Isolated Wetland Permit) are met. No .
other impacts are approved including incidental impacts:

Amount Approved Plan Location or Reference
(Units)
Stream 1,550 (feet) Phase II, Rocky Branch Restoration
,;?OC 11A Wetlands 0 (acres)
Waters- 0 (acres) -
'Buffers 72,183 (square ft.) Pahl Derr Track Improvements &
Rocky Branch Restoration
4,105 (square ft.) Crreenway
(south side of Roc Branch)
2• Stream Relocation (NTitigation) with Approved Plans -The strewn and buffer relocation
must be constructed, maintained, and monitored actorling to the approved plans in the
application and modifications to the application. Any repairs or adjustments to the site must
be made according to the approved plans or must receive, written approval from this Office to
make the repairs or adjustments.
In order for this pro*ect-to be used as compensatory mitigation for other specific projects, you
must obtain written approval from this Office. The request should include the amount of
-stream length and buffer area' credit requested-for accounting purposes. Please specify DWQ
project No. 04-0845 when 62LI ing your request.
3. Buffer Restoration & Enhancement (Mitigation) with Approved Plans The buffer
restoration and enhancement must be constructed, maintained, and monitored according to
the approved plans in the application and modifications to the applications. Any repairs or
adjustments to the site must be made according to the approved plans or must receive written
approval from this Office to wake the.xepairs or adjustmuents. You are required to replace
any trees (planted as part of the restoration and within the protected riparian buffer) that do
......not survix??•and?estore-diffuse -flow -if needed for-a.petiod of fve.•years*follow-in& the -.?. ?? ....: .
restoration and enhancement. %
In order for this project to be used as compensatory mitigation for other specific projects, you
must obtain written approval fro&this Office. The request should include the amount of
buffer area credit requested for accounting purposes. Please specify DWQ:prcject No. 047
when making this request. The request shall also include all of the required information
listed within 15A NCAC .0242 (9)(e), (f) and (g).
4. Soccer Field Drainage System- The subsurface drainage from the new soccer field shall
discharge to the floodplain pool proposed on the north side of the Rocky Branch restoration
project once constructiozt of the floodplain pool is complete.
V • -? LVV`t WI. VV 717'J1 'J'03uf tHbu PAGE 04
NCSU Rocky Branch & Paul Derr Track ! DWQ Project No. 04-0845
Page 3 of 4*
IWy 7, 2044
5. -Emergency VeWcla Access -No`irppervious surfaces (e.g., asphalt, concrete, gravel, brick,
etc.) shall be utilized in the paving. or maintenance of the emergency vehicle access path
proposed within Zone 2 of the buffer located along the north side of the Rocky Branch '
restoration site. The emergency vehicle access path can be maintained as, a grassed path.
Permanent turf reinforcement matting or other grass porous pavers (e.g., Geoblocko or
Grasspave? are acceptable (within Zone 2 only) to construct the emergency vehicle access
path as long as it is vegetated. If the path can, not be maintained in a vegetated state (e.g., if it
can only be maintained as a dirt path or if impervious surfaces are required), then you shall
notify the DWQ and you may be required to obtain an Authorization Certificate for an
"allowable" or "allowable with mitigation" use as described within 15A NCAC 02B .0233.
6. Protectivelp'encing r- The. "stream limits of construction" and "greenway limits of
Construction" depicted on the site plan approved udder this authorization-shall be clearly
marked with orange warning fencing (or similar high visibility material) for the areas that
have been' approved to infringe. within the buffer prior to any land disturbing activities to
ensure compliance with 15A NCAC 213 .0233 and this Authorization Certificate. The
fencing shall remain through construction of the project and should be removed once
construction is complete. ;
7. Erosion & Sediment Control Practices - Erosion an? sediment control practices must be in
full compliance with all specifications governing the paper design' installatiox* and operation
and maintenance of such Best Management Practices in prder to protect surface waters
standards:
a. The erosion and sediment control measures for the project must be designed,
installed, operated, and maintained in accordance with the most recent version of the
North Carolina Sediment and Erosion Control Planning and Design Manual.
b. The design, installation, operation, and maintenance of the sediment and erosion
control measures must be, such that they equal, or exceed, the requirements specified
in the, most recent version of the North Carolina Sediment and Erosion Control
Manual. The devices shall be maintained on an construction sites, borrow sites, and
waste pile (spoil) projects, including contractor-owned or leased borrow pits
associated with the project.
_ 8 Na'Y?aste; Spoi1,-SSofids; 6t. FiII of'Xli-* lCirid'=No waste, spoil,".soUtt, or`?iTTiSf and le'n'd' '
shall occur in wetlands, waters, or riparian areas beyond the footprint of the impacts
depicted in the Pre-Construction Notification. All construction activities, including the
design, installation, operation, and maintenance of sediment and erosion control Best
Management Practices, shall be perf6rm6d so that no violations of state water quality
standards, statutes, or rules occur.
9. No Sediment & Erosion Control Measures w/n We or Waters - Sediment and
erosion control measures shall not be placed in wetlands or waters to the maximum extent
practicable. If placement of sediment and erosion control devices in wetlands and waters
is unavoidable, they shall be removed and the natural grade restored within six months of
the date that the Division of Land Resources has released the project,
fd4/1412004 09:06 919-515-6307 EHSC PAGE e5
NC5•U Rocky Branch & Paul Derr Track / DWQ Projwt No. 04-0845
Page 4 of 4
July 7, 2004
- 10. Certificate of Completion - Upon completion of all work approved within the 401
Water Quality Certification or applicable Buffer Rules, and any subsequent
modifications, the applicant is zequired to return the attached certificate of completion to
the 401/Wetlands Unit, North Carolina Division of Water Quality, 1650 Mail Service
Center, Raleigh, NC, 27699-1650.
Violatioas of any condition herein set forth may result in :revocation of this Certification and may
result in criminal and/or civil penalties. The authorization to proceed with your proposed
impacts or to conduct impacts to waters as depicted in your application and as authorized by this
Certification, shall expire upon expiration of the 404 Permit.
If you do not accept any of the conditions of this Certification (associated with the approved
wetland or stream impacts), you may ask for an adjudicatory hearing. You must act within 60
days of the date that you receive this letter. To ask for a hearing, send a written petition, which
conforms to Chapter 150E of the North Carolina General Statutes to*the. Ofl;'iee of Administrative
Bearings, 6714 Mail Service Center, Raleigh, N.C. 27699-6714. This certification and its
conditions are final and binding unless you ask for a heating.
Any disputes over determinations regarding this Authodza ion Certificate (associated with the
approved buffer impacts) shall be referred in writing to the Pirector for a decision. The
Director's decision is subject to review as provided in Articles 3 and 4 of C.S.150B.
This letter completes the review of the Division of Water Quality wilder Section 401 of the Clean
Water Act and the Neuse riparian buffer protection rule as described within 15A. NCAC 2B
.0233. If you have any questions, please telephone John Domey at 919-733-9646 or Bob
Zarzecki at 919-733-9726.
Sincerely,
Alan W. Klimek, P.E.
AWK/bz
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Enclosures: GC 3399
Certificate of Cori pletion
cc: Gwyn Rowland, NCSU Environmental Affairs, Campus Box 8007, Raleigh, NC 27695
USAGE Raleigh Regulatory Field Office
DWQ Raleigh Regional Office
DLR Raleigh Regional Office
File Copy
Ceiatral Files
Filename: 040845